Online court employee training begins Aug. 18
In an effort to give a general introduction of the judicial system to new trial court employees, a new online training program has been created and is now open for enrollment.
Indiana Court of Appeals
Articles
Judges reverse ruling mechanic’s lien has priority over mortgages
The Indiana Court of Appeals ruled there was no reason for a trial judge to disregard the state’s priority statutes regarding liens and mortgages and find that a construction company’s mechanic’s lien has priority over previously recorded mortgages.
COA applies sports injury conduct rule
Less than three months after the Indiana Supreme Court issued a decision about sports injury cases, the state’s intermediate appellate court is now applying the new rule regarding how liability should be determined.
Judges order hearing on unemployment benefits
A man, whose request for a continuance in a hearing regarding his unemployment benefits was denied by an administrative law judge, is entitled to a hearing on the matter, the Indiana Court of Appeals ruled Thursday.
COA divided on whether ‘bully’ comments require new trial
The Indiana Court of Appeals split in affirming a man’s drunk-driving conviction, with the dissenting judge finding the prosecutor’s questions to the jury and repeated reference to the defendant as a bully at trial made a fair trial impossible.
COA cites ‘good faith’ exception for child pornography search warrant
The Indiana Court of Appeals affirmed a trial court’s denial of a motion to suppress evidence, holding that even though a search warrant was invalid, the evidence it produced is admissible due to a “good faith” exception to the exclusionary rule.
Former clerks recall a judge who gave support and kindness
The Hon. Robert H. Staton achieved many professional milestones in his lengthy career. But after his death on July 18, what people seemed to remember most about him was his enduring positive influence in their lives.
Looking back on rulings
Looking in the rearview mirror on judicial precedent is a task that every judge on every court faces.
Man entitled to damages following excavation of home without notice
In reviewing a case in which an attorney appointed guardian of an adult male unilaterally decided to tear down his home without providing notice to the man, the Indiana Court of Appeals found the attorney violated the man’s due process rights and damages were necessary.
Court reverses suspension of mother’s parenting time
The Indiana Court of Appeals reversed the modification of a mother’s parenting time to end any visitation with her autistic son because the father didn’t present evidence justifying terminating the parenting time.
COA rules on man’s theft conviction for third time
Following an order from the Indiana Supreme Court that the lower appellate court more fully address the Proportionality Clause of the Indiana Constitution, the Indiana Court of Appeals has again upheld a man’s felony theft conviction.
Hospital doesn’t owe attorney any contingency fees
A Kokomo attorney is not entitled to collect his contingency fees from a hospital in his representation of a patient caught in an insurance dispute, the Indiana Court of Appeals has held.
No summary judgment on issue of whether complaint was timely filed
The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a medical malpractice action, finding there are questions around whether the plaintiff timely filed the proposed complaint.
Judges ask family to end litigation over parents’ interments
In a dispute among divided siblings on where their deceased parents should be buried, the Indiana Court of Appeals asked the family to end the litigation and let the parents “rest in peace.”
COA split on whether scooter is ‘motor vehicle’
The Indiana Court of Appeals was divided in a case involving a man who was convicted of driving a motor vehicle while his privileges were suspended, with one judge agreeing with the state that the defendant’s scooter qualified as a motor vehicle under statute.
Justices accept 5 cases
The Indiana Supreme Court has granted transfer to five cases, including a first impression issue dealing with Social Security income and restitution.
Former appellate court judge dies
The Hon. Robert H. Staton, who was an Indiana appeals court judge for nearly 30 years, died July 18. He was 86.
Trial court shouldn’t have struck expert witness affidavit
The Indiana Court of Appeals reversed summary judgment for a doctor in his attempt to collect an unpaid medical bill, finding the trial court erred when it struck the affidavit of an expert witness designated by the defendant.
COA rules man is not guilty by reason of insanity
Examining the issue of whether a defendant’s mental disease brought on by years of drinking could support an insanity defense, the Indiana Court of Appeals concluded the man’s psychosis was a mental defect under Indiana Code and he should have been found not guilty by reason of insanity.
Appellate judges rule on court warrant officer’s claim
The Indiana Court of Appeals ruled an Anderson City Court judge didn’t wrongly reassign a police warrant officer from his courtroom because the two didn’t share an employee-employer relationship that would allow for a suit under the Indiana Wage Claim Statute.